YouTube Overturned Konami's Copyright Claim Against Critical Video

RicoADF

Welcome back Commander
Jun 2, 2009
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Halyah said:
So not only is Konami trying to prevent people from pointing out that they're a bunch of fuck ups(good luck with that Konami seeing as you just ensured it'll live on), but they're incredibly pathetic at it too. With a system thats so broken that anyone and their mom can abuse with zero repercussions, it is a company with its own legal department that fails...

Also someone at youtube overriding the automated claim? Given their general attitude towards this, it makes me wonder if someone was dosing themselves up on cocaine that day. Or the world is about to end and no one told me. Not sure which is the most likely.
Only Konami could fail so badly on something no-bodies have had more success with!

Uhuru N said:
To those posting YouTube are not to blame and it's just the DMCA at fault.

Bad law or not, the DMCA takedown requirement only applies to valid and legitimate claims.

YouTube accepts all takedown claims not just the valid and legitimate ones.
No innocent until proven guilty system applies at all. After two weeks all the bogus claims lapse and whatever revenue would have been made is lost forever.
With many topical issues, the debate has moved on and only the content maker suffers.

The bogus takedowns are intended to remove the content for those two weeks, they do exactly what the abusers want.

YouTube can easily stop this abuse with no more effort than used to allow it.

Firat simply freeze the payment on the video until it's resolved, this system already exists and is an option used by some legitimate DMCA claims where the claimant takes the money instead of removing the video.
So no automatic takedown needs to happen at all.

The winner of the dispute decides what happens, only once the claim is resolved. Not before.

Removing the entire purpose of abusing the system, stops the abuse.

This is why YouTube is to blaim, they allow the abuse of their system.
The DMCA doesn't apply to false claims. YouTubes rules do.
The auto takedown system was created because US Hollywood and Music companies were going to sue Google into the ground if they didn't take preventative measures, this was the only system that they agreed to. Blame the fucked up US legal system for this shit, not Youtube whom is as much a victim as everyone else.
 

Denamic

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Aug 19, 2009
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What the hell is Konami even doing? It's like the entire company is having some sort of meltdown.

And Youtube actually reviewing copyright claims? What is even going on?!
 

Therumancer

Citation Needed
Nov 28, 2007
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Denamic said:
What the hell is Konami even doing? It's like the entire company is having some sort of meltdown.

And Youtube actually reviewing copyright claims? What is even going on?!
Well with Konami I can guess.

It's been all speculation for a while now, but apparently the idea of a huge video game crash coming has gone from tirades on the internet to a sort of board room boogie man where you have a lot of fat cats seeing how the system can't sustain itself but being unwilling to do anything to change things. Apparently some have become convinced this is going to happen really soon now, and the video game bubble is going to burst and people will have to wait for it to reform. This is why a lot of companies are restricting and/or moving on to other areas of game development which they hope will weather the storm when "real" video games go atomic. It's about grabbing as much money as possible and getting out of the bubble before it collapses.

Konami is a company that doesn't just develop video games, indeed I suspect Super Bunny Hop might have hit a nerve and stumbled close to the truth when he pointed out what other businesses they are involved in. Their video games make the most profit compared to their other endeavors, but if they think it's going to collapse reshuffling their resources to focus on other things makes sense. One thing Konami is big into is gambling machines, and right now there is a big push to legalize a lot more gambling in Japan, potentially making gambling machines domestically in such a case, or even the possibility of opening their own casinos, can eclipse what they have been making off of video games. If they are concerned about their current investment in video games... well... that's an option for them, and even if the video gaming bubble doesn't collapse it won't matter anyway if they are riding the wave of a Japanese gambling surge.

Konami seems to be (as SBH pointed out) moving from a studio based operation to a headquarters based operation, where their people are no longer going to be assigned to specific products. Digital gambling machines use all kinds of graphics and sound assets so of course having all their people in a pool to be used for that as well as gaming on their way out makes a degree of sense in terms of restricting.

Given some of the speculation I've run into, it seems fairly likely to me that the "Metal Gear" project is being finished up on because Konami already has a lot of money invested in the project, and at this point just cancelling it would cost them a ton of money so they might as well see through the release and get some of it back. "Silent Hills" on the other hand seems like it might have been a problem production, I mean the game was supposed to be out this year if I remember, and under development before it's announcement, yet from the way it seems nobody was actually working on the product, nothing about Mr. Del Toro working on it, or Mr. Reedus going in to record voice or be digitized, or whatever else. I get the impression that other than P.T. which might not have even had anything to do with the game itself, very little had actually been developed in regards to this project and it was all pre-production and planning stuff. Had the project been further along like you'd expect before something like P.T. it might have been okay, but as things stand your probably looking at 2-3 years worth of development, and if that bubble bursts in that time like Konami might be scared of they could lose big, not to mention that the millions put aside for that project are probably in demand for Konami's other, non-video game related projects. I get the impression Konami is probably lobbying for these pro-gambling laws, and that costs money.

Nothing reliable, but that's my guess as to what's going on. Kojima's position is probably one where he is realizing CEOs are never anyone's friend, and yeah he made Konami a lot of money, but he no longer fits what the company wants so it doesn't matter what he's done, they want him gone. One of those cases where they tell someone they are an irreplaceable and valuable asset until such a time that the company goes chasing the next shiny thing or gets a little scared about something, and then it's a quick trip behind the shed with Old Yeller and a shotgun. :)
 

Uhuru N'Uru

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RicoADF said:
The auto takedown system was created because US Hollywood and Music companies were going to sue Google into the ground if they didn't take preventative measures, this was the only system that they agreed to. Blame the fucked up US legal system for this shit, not Youtube whom is as much a victim as everyone else.
That's no excuse. YouTube, which means Google let's be clear after all. they make these decisions and implemented this system, not those other companies.
YouTube=Google decided to allow anybody who felt like it, to issue a DMCA notice, without providing any evidence at all.

YouTube=Google didn't need those Media companies agreement, to implement a proper legally adequate abd fair system, they couldn't simplt sue Google, "into the ground" or at all, just because they implemented a better system than this.
They could only sue them, if Google had no system at all and Google could have fought them in court for years and out lawered them.
Remember this is America Corporate Law, which basically means "the most money wins", Google is the likely winner and with a proper system in place, they can't lose.

Fact is, they didn't want to pay for a proper system, no more than that, they aren't victims.
The ones making the videos, falsly taken down, are the only victims.
 

Pseudonym

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Feb 26, 2014
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Wait, they failed to properly DMCA somebody through youtube's system? Like superbunnyhop said, that doesn't happen often. I know of people who have lost multiple youtube accounts due to false copyright claims. It really is incredibly easy to abuse. So either youtube have raised their standards or Konami are so obviously full of shit that it even raised eyebrows over at youtube. Or possibly some combination of the two. In the first case, it is a good thing, as youtube is finally improving it's awful DMCA system. In the second case it is hilarious since it proves, as if more proof were needed, that Konami are utterly and completely incompetent. And in the third case it is both good and hilarious.

Captcha: perfect world. Well, I'm not that optimistic but this went down well nonetheless.
 

RaikuFA

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Jun 12, 2009
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shrekfan246 said:
EndlessSporadic said:
A well written news article on The Escapist? Youtube actually doing something right? What is the world coming to.
To be fair, it is Conrad Zimmerman. We mere mortals still cannot comprehend the power bestowed upon him by the greatness of his mustache.

[sub][sub]I miss the podcast antics with Jonathan.[/sub][/sub]
I miss them too. Relistening to old podtoid puts a tear in my eye.
 

ThunderCavalier

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Nov 21, 2009
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Ignoring the fact that a YouTube copyright strike was taken down by YouTube itself (which is a welcome change from YouTube's normal trends), Konami's recent actions have been... baffling, as of late.

As someone mentioned, it could be because the CEOs above might predict a collapse in the video game market in the future, in which case... I don't exactly see how this transition will bring anything but bad PR to the company. If they really wanted to downsize their current gaming investments and move to mobile gaming or some stuff like that, making a huge fuss and causing crap like this to happen and drawing more unwarranted attention to themselves is probably one of the most tactless attempts ever.
 

alj

Master of Unlocking
Nov 20, 2009
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This is quite a good thing to see. It is Very very rare ( almost unheard of ) for youtube to intervene like this and close a DMCA takedown notice.

Very important thing to understand, a DMCA takedown is totally different than a content ID match. a DMCA takedown is filed by hand by a person and is filed under the understanding that this is content owned by the claimed , fake calmed are a felony under US law and you can be prosecuted.

I think the next time this happens to a big youtube everyone in the community needs to club together and sue the living daylights out of them. Have it plaster all over the news Konami / Devolver Digital / whoever sued by youtube content creator over fake DMCA claim. See how fast people do this shit then, assholes.

EDIT.

How about a change to the DMCA on youtube? You can file one and it will flag the video, you will still be able to monetise the video and it will still be up to watch but you cannot get the money off youtube until the DMCA is settled. A member of youtube staff has to watch the video and look for the specific claims made , if that person has filed it if good faith fine take the video down. If they have not then any youtube channel associated with there company is shut down perennially.
 

Lunar Templar

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Sep 20, 2009
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Another day, another story about Konami being a run by a bunch of cunts.

which, at this point, isn't surprising, and I do sincerely hope, that after they finish burning their bridges with our section of the gaming space, that the switch to mobile ends up costing and they end up closing their gaming division.

So those people who aren't big names but are talented can be freed to go some where else and make something they can actually be proud of again.